RECORDS OF THE FEDERAL CONVENTION 495 Tuesday JOURNAL Septentber 4 Sect. 3. The Vice President shall be ex officio, President of the Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case, and in case o� his absence, the Senate shall chuse a President pro tempore- The Vice President when acting as President of the Senate shall not have a vote unless the House be equally divided Sect. 4. The President by and with the advice and consent of the Senate, shall have power to make treaties: and he shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors and other public Ministers, Judges of the supreme Court, and all other officers of the U.S. whose appointments are not otherwise herein provided for. But no Treaty {except Treaties of Peace) ? shall be made without the consent of two thirds of the Members pres- ent after the words "into the service of the U..S. in the z sect. IO art. add "and may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices. The latter part of the z sect Io art to read as follows. He shall be removed from his office on impeachment by the House of represen. tatives, and conviction by the Senate, for treason or bribery, and in case of his removal as afore- said, death, absence, resignation or inability to discharge the powers or duties of his office the Vice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed. On the question to agree to the first clause of the report. it passed in the affirmative On the question to agree to the second clause of the report it passed in the affirmative It was moved and seconded to postpone the consideration of the 3rd clause of the report which passed in the affirmative Amendment of September 7-
�
